Article 35A of the Indian Constitution provided special rights to the permanent residents of Jammu Kashmir. It was scrapped in 2019 by the Indian government.
Saumya
Updated:
Aug 29, 2023 19:41 IST
What is Article 35A?
Article 35A of the Indian Constitution gave the Jammu and Kashmir state legislature the authority to define “permanent residents” of the state and grant them specific rights and advantages. It was included in the Indian Constitution through a presidential order called The Constitution (Application to Jammu and Kashmir) Order, 1954. This order was made by the then President of India under Article 370.
A permanent resident of the state is defined as “a person who was a state subject on 14 May 1954, or who has been a resident of the state for 10 years, and has “lawfully acquired immovable property in the state.””
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The order set up the rules for sharing powers between Jammu and Kashmir and the Indian government under Article 370, which outlined how powers would be shared between Jammu and Kashmir and the Indian government. It acted as a connection between the Indian Constitution and the Constitution of Jammu and Kashmir.
Text of Article 35A: “Saving of laws with respect to permanent residents and their rights.” — Notwithstanding anything contained in this Constitution, no existing law in force in the State of Jammu and Kashmir, and no law thereafter enacted by the Legislature of the State: (a) defining the classes of persons who are, or shall be, permanent residents of the State of Jammu and Kashmir; or (b) conferring on such permanent residents any special rights and privileges or imposing upon other persons any restrictions as respects — (i) employment under the State Government; (ii) acquisition of immovable property in the State; (iii) settlement in the State; or (iv) right to scholarships and such other forms of aid as the State Government may provide, shall be void on the ground that it is inconsistent with or takes away or abridges any rights conferred on the other citizens of India by any provision of this part. |
Why was it scrapped?
On August 5, 2019, the Indian government removed the special privileges given to Jammu and Kashmir under Article 370. This change was made using a decision by the President and it meant that the entire Indian Constitution now applied to the state.
The state of Jammu & Kashmir was also restructured into two union territories: Jammu and Kashmir, and Ladakh.
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Source: vcmp.edu.vn